Monmouth County Criminal Defense Lawyer Blog

Published on: February 24, 2024

SUPREME COURT ALLOW PLEA BARGAINING ON DWI IN NEW JERSEY

On February 23, 2024, the New Jersey Supreme Court settled the ongoing fight with the legislature over the endorsement of a new statute permitting plea bargaining to allow for ignition interlock devices in minor drunk driving cases. Last week, Judge Grant put out an order that no DWIs were allowed to be plea bargained. However, the Supreme Court disagrees.

Judge Rabner said in the order that “because no actual case is before the court, we do not make a finding on that issue. At the same time, we recognize that the amendment reflects a policy statement by the legislature, which is within its prerogative, related to plea bargaining in municipal courts.”

The question remains how will this new plea bargaining rule will be applied within the municipal courts as it is new ground for everyone involved- judges, defense attorneys and prosecuors. At the very least, it should allow attorneys the ability to the fight for their clients and allow the judges and prosecutors to make fair and just decisions in the appropriate situations.

Published on: February 19, 2023

Prior Marijuana Conditional Discharges- No longer a Bar to Pre Trial-Intervention, PTI

By Tara Breslow-Testa, Esq.

On February 14, 2023, the Supreme Court finally made the right decision allowing those with prior marijuana conditional discharges the possibility to get into PTI. https://www.njcourts.gov/sites/default/files/court-opinions/2023/a_64_65_21.pdfIt is no longer an automatic bar to PTI if you have a prior conditional discharge for marijuana. The court held that people who received pre-CREAMMA conditional discharges for specified marijuana offenses — just like persons who had pre-CREAMMA convictions for those marijuana offenses are no longer categorically precluded from future admission into PTI. Rather, courts and prosecutors must consider the merits of their PTI applications, without regard to the existence or circumstances of the earlier marijuana-related conditional discharges. The holding harmonizes CREAMMA and its manifest legislative intent with the pre-existing general language of the PTI and expungement statutes, including the Legislature’s command in CREAMMA to apply its reforms to “any case” that arose before its enactment.

Finally, the Court made the right decision and notes that this is an exceptional situation involving a sweeping new statute that it has endeavored to harmonize sensibly with pre-existing laws. In the past year, many of my clients ran into issues when they had a prior CD for marijuana, and this is no longer a bar. This also calls for consistency throughout the State with how these applications are to be handled by the Courts and Prosecutors Offices. The real issue remains that even though a prior CD can no longer be sited at a bar anymore will Prosecutors and probation officers still let the prior CD influence their decisions to allow applicants into PTI. https://www.breslowdefense.com/tara-breslow-esq.html

PTI applicants can be barred for a variety of reasons, so it is important to be prepared for your interview and have counsel advise you about the process. https://www.breslowdefense.com/pre-trial-intervention-pti.html Call Tara Breslow for a free consultation 732 784 2880 or email tara@breslowdefense.com.

Published on: June 25, 2022

Arrested in Sea Girt for Possesion of Drugs, Disorderly Conduct, Simple Assault

By Tara Breslow-Testa, Esq.

Sea Girt, NJ, USA August 11, 2006 Beachgoers enjoy a beautiful, sunny summer’s day at Sea Girt on the New Jersey Shore

The sun is shining and the shore bar lifestyle is back with furry after Coronavirus. Sea Girt has a lively nightlife scene, especially at The Parker House. It is not uncommon for their to be an increase of arrests during the summer months. Many of the bars are checking people prior to entry and there has been an increase in arrests for Possession of CDS under 2C:3510A(1). This would include a charge of Possession of Cocaine. This is a felony offense and the matter will be transferred to Monmouth County Superior Court. It is imperative that an experienced attorney handle this matter from the beginning.

There are also a considerable amount of arrests made for disorderly persons offenses, including simple assault and disorderly conduct. This could result from a fight or just not cooperating with the staff when asked to leave. Either way it’s not what a night out of fun should result with. These matters would be heard in Sea Girt Municipal Court.

Continue reading →

Published on: July 16, 2021

Arrested in Belmar NJ for Disorderly Conduct, Get the Best Representation!

By Tara Breslow-Testa, Esq.

Summer 2021 is back in full force! Many people are back out frequenting local bars and attractions in Belmar. If you have been arrested for 2C:33-2A, disorderly conduct in Belmar, whether at Bar Anticipation, D’Jais or any place else, I can help you. These charges usually are related to remaining outside or inside a bar after being asked to leave. If you have been charged with 2C:18-3B, defiant trespass, relating to a similar situation, I have appeared in Belmar for over a decade successfully defending individuals charged with these types of offenses.

I have also successfully defended individuals charged in Belmar for underage drinking, resisting arrest, simple assault, possession of a fake ID and other drug offenses. Oftentimes, in these situations the person is also charged with an Interference of Business Ordinance, 2016-915. There is a mandatory appearance required if you have been charged with a disorderly persons offense in Belmar Municipal Court located at 601 Main Street and it is important to get the best representation.

Why call me? I strongly believe that the best results come from dealing with one attorney from the inception of the case; from the first time you call me to the date of your appearance you only deal with me. We prepare the best possible defense and you will always maintain communication with me directly. I have appeared in Belmar and Lake Como for well over a decade and I know how to best navigate you through this process and get the best possible results.

Continue reading →

Published on: September 28, 2020

Can a Registrant be Removed from Megan’s Law if another offense is Committed ?

By Tara Breslow-Testa, Esq.

Under NJSA 2C:7-2(f), a Registrant can petition to be removed from Megan’s Law after 15 years if they have not committed a new offense, and they are found not to be a threat to the community. Prior to a recent Supreme Court ruling, if a registrant committed a subsequent offense after being placed on Megan’s Law, the 15 years time period would simply commence again after the subsequent new offense. However, in March of 2020, in State in the Interest of HD and JM, the Supreme Court ruled that the Registrant must remain completely offense free during the 15 year period in order to qualify for registrant relief commencing upon conviction, adjudication or release from confinement.

The procedural history of JM and HD are as follows. In 1994, J.M. pled guilty to third-degree aggravated criminal sexual contact and it 1997, H.D. pled guilty to endangering the welfare of a child. Both JM and HD were sentenced to probation and required to register as sex offenders. Subsequent to being placed on Megan’s Law, HD pled guilty to failure to register as a convicted sex offender in violation of N.J.S.A. 2C:7-2(a) and (e). JM pled guilty in 2001 to a computer crime in violation of N.J.S.A. 2C:20-29. Both were sentenced to probation and neither has been convicted of anything since those dates.

In 2017, after 15 years had passed they both filed for Removal from Megan’s Law Registration, and their motions were denied at the Superior Court level. They both appealed and the Appellate court reversed the State Court’s decision, determining that subsection(f) is ambiguous as to whether its requirement of fifteen years of offense-free conduct resets following an offender’s subsequent criminal conviction. The Supreme Court reversed the Appellate decision, which essentially means that JM and HD are now barred from removal from Megan’s Law.

Continue reading →

Published on: March 20, 2020

Law Office Policy in the Age of Corona

By Tara Breslow-Testa, Esq.

CORONAVIRUS (COVID-19) IS REAL BUT LIFE CONTINUES: CONTACT ATTORNEY TARA BRESLOW-TESTA FROM THE SHELTER OF YOUR PLACE.

March 18, 2020 by the Law Office of Tara Breslow

The nationwide quarantine inspired by Coronavirus (COVID-19) is unprecedented in the experience of most New Jersey residents. Citizens of New Jersey have been encouraged to shelter in place, to stay home and avoid social contact to prevent transmitting and/or contracting the respiratory disease that is proving fatal. Unfortunately, several of our residents both in Freehold, as well as Red Bank, have been affected by the virus.

Continue reading →

Published on: October 3, 2019

What is PreTrial Intervention (PTI)

By Tara Breslow-Testa, Esq.

shutterstock_335237585-300x213
What is Pre-Trial Intervention and More Importantly Is it The Right Choice?

Pre Trial Intervention, often referred to as “PTI,” is a diversionary probationary program offered at the Superior Court level in the county courts. It can be a way to avoid a criminal record. Most of the time, you enter the program without ever pleading guilty and even if a guilty plea is a contingency to acceptance, you will never be sentenced or convicted of a crime if you successfully complete the program.

Pursuant to the statute, the minimum length of time for probation imposed is a one year time period. However, per the statutory guidelines, you can ask your probation officer for an early release from the program as early as six months. The judge determines the length of time that is initially imposed, and usually community service is a condition, although sometimes this condition can be waived. Upon acceptance into the program, you are to remain arrest free and if all other conditions are met you will successfully complete the program.

Continue reading →

Published on: September 22, 2019

Welcome to Asbury Park. Now behave yourself!

By Tara Breslow-Testa, Esq.

Asbury Park criminal defense attorney Tara Breslow-Testa

Over the weekend of September 21-22, the sea.hear.now Festival welcomed more than 35,000 people to Asbury Park. From sea to Shore, Asbury Park rocked and resonated with music from dozens of bands headlined by the B52s, the Dropkick Murphys, Joan Jett and the Blackhearts and the Dave Matthews Band. Lots of live music, but also a surf contest, art demonstrations, food and drink.

The sea.hear.now Festival was the place to eat, drink, rock out and be merry – say goodbye to summer and hello to fall.

Continue reading →

Published on: August 27, 2019

Disorderly Conduct in Sea Girt.

By Tara Breslow-Testa, Esq.

DISORDERLY CONDUCT AT THE JERSEY SHORE CAN HAVE SERIOUS CONSEQUENCES.

Sea Girt is a popular Jersey Shore place to eat drink and be merry. But if you get too merry and cross the line into behavior that is considered disorderly conduct you might need the services of a lawyer.

Sea Girt, Belmar, Lake Como disorderly conduct attorney Tara Breslow-Testa is who you should call if cited or arrested for “causing public inconvenience, annoyance or alarm, or recklessly creating a risk thereof.” All disorderly conduct cases go to court and some end up better than others.

Continue reading →

Published on: December 26, 2018

IS DRUG COURT RIGHT FOR YOU?

By Tara Breslow-Testa, Esq.

In this two-minute video, Monmouth County drug court attorney Tara Breslow-Testa discusses the pros and cons of Drug Court and explains it’s for those who are serious about escaping their drug addiction – and not just for someone evading jail.